IN THE CASE OF:	  

		BOARD DATE:	  

		DOCKET NUMBER:  AR20080009916 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Combat Infantryman Badge (CIB) for duty performed in support of Operation Iraqi Freedom.

2.  The applicant states, in effect, that his commander was unfamiliar with the regulations regarding awarding the CIB and, therefore, did not submit the applicant for the award.  The applicant also states, in effect, that he was engaged by enemy fire, both direct and indirect, while performing combat duties in Iraq.  The applicant states, in effect, that no supporting evidence of the incident for which he is requesting the CIB was presented to his command.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a copy of a self-authored statement in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that he was ordered to active duty in the Army from the California Army National Guard (CAARNG) on 27 April 2006 in military occupational specialty (MOS) 11B (Infantryman).  The highest rank he attained while serving on active duty was sergeant first class.

2.  Item 18 (remarks) of the applicant’s DD Form 214 shows that he served in Iraq from 21 September 2006 through 8 September 2007, and that during his service in Iraq he was assigned to 1st Battalion, 185th Division, performing duties in MOS 11B.
3.  On 10 October 2007, the applicant was released from active duty and transferred to the CAARNG.

4.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows that he was awarded the Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal (2nd award), Global War on Terrorism Service Medal, Iraq Campaign Medal, Army Service Ribbon, Overseas Service Ribbon, Armed Forces Reserve Medal with “M” Device (3rd award).

5.  Item 13 of the applicant’s DD Form 214 does not show award of the CIB.

6.  The applicant submitted an unnotarized self-authored statement which states that his convey came under indirect fire attack while preparing to depart the Bashra air station on or about 4 January.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  On or after 18 September 2001, a Soldier must be an Army infantry or special forces officer (SSI 11 or 18) in the grade of colonel or below, or an Army enlisted Soldier or warrant officer with an infantry or special forces MOS, who has satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat, to close with and destroy the enemy with direct fires.

8.  Army Regulation 600-8-2, paragraph 8-6b(5)(b) also provides, in pertinent part, that a Soldier must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty position, in a unit actively engaged in ground combat with the enemy.  Improvised explosive device (IED), vehicle-borne IED (VBIED), and the like are direct fire weapons.  While no fixed, qualifying distance from an explosion of these devices can be established, a commander should consider the entirety of the combat situation when considering award of the CIB.

DISCUSSION AND CONCLUSIONS:

1. The applicant's contention that his records should be corrected to show award of the CIB was carefully considered and found to be without merit. 

2.  The applicant submitted a self-authored unnotarized sworn statement which states that the applicant came under indirect fire.  However, the applicant initially stated that there was no supporting evidence submitted to the commander to substantiate this incident.  Therefore, he is not entitled to this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  ___X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________X_____________
                  CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080009916



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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